Am I Eligible For Bail in Georgia?

When you or a loved one is arrested in Georgia, you need to know about bail eligibility. You are probably scouring the internet for any hope for release from jail. The State of Georgia has specific laws that outline when a person may be released on bail. For detailed information, it is always best to speak to a licensed bail bondsman and your attorney, but here are the basics.

Non-bondable Offenses in Georgia

There are some crimes which Federal, State, and Local courts simply deem too serious. According to the Legal Code of Georgia, these non-bondable offenses in in Georgia include, but are not limited to:

  • Aggravated child molestation
  • Aggravated sexual battery
  • Aggravated sodomy
  • Aggravated stalking
  • Aircraft hijacking
  • Armed robbery
  • Drug trafficking (as defined in Georgia Code Section 16-13-31 or 16-13-31.1)
  • Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II
  • Motor vehicle hijacking (carjacking)
  • Murder
  • Rape
  • Treason
  • Street gang crime and terrorism (as defined in Chapter 15 of Title 16)
  • Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection;

Again, this list may not be exhaustive. Unless you have a law degree or are very familiar with Georgia Law Codes, it is important to reach out to a bail bond company as soon as you are arrested to learn whether the person accused is eligible based on the charges at the time of arrest.

Are there exceptions?

As with most legal issues, the rules and regulations established give the accused every opportunity to maintain his or her freedom if deemed appropriate by the courts. If you are accused of any of these crimes, the local court will deny bail. However, your attorney may be able to petition the Superior Court to set bail.

Although this process may take longer, it does give the person arrested a chance to retain some freedom when accused but not convicted of criminal activity. Georgia bail laws outline means for the Superior Court to review cases if there is a possibility for bail to be set. However, in addition to applicable Federal, state and local laws, the Superior Court will take into consideration the accused individual, as well.

What Determines Who Can Get Bail?

In every case, in addition to the type of crime, the judge reviewing the case will consider the individual who is requesting bail. In general, there are four key factors that the judge will look at before setting bail.

  1. Is the accused a significant flight risk?
  2. Does the person pose a significant risk of danger to persons or property in the community? 
  3. Is there a significant risk that the person will commit a felony while awaiting trial?
  4. Is there a significant risk of the person intimidating witnesses in the case?

It is important to note that the word “significant” appears in each of these cases. Interpretation of what quantifies “significant risk” is entirely up to the court. However, most judges are subject to other considerations outlined in the code that help them determine the severity of risk and how it applies to each case.

Find a Reputable Bail Bond Agent

If you are hoping to receive immediate release from jail after you, a friend, or a loved one was arrested, your best first course of action is to reach out to a reputable bail bond agent who can help explain your options. Outside of attorneys and judges, they have the most extensive understanding of Georgia Bail Laws.

Bail bond agents are required to receive regular training to help them stay up-to-date on the most recent changes to bail laws. This enables them to help their clients make the best choices for the specific situation.

Call 24/7 Bail Bonds

With agents in 10 counties in Southeast Georgia, we are near you and are ready to help 24 hours a day, 7 days a week.